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Proposed Amendments
D-8.0303 The record
on appeal shall be formed
Record
as follows:
on Appeal
D-8.0303 (a) (Unchanged)
List
of
Record
D-8.0303 (b) (Unchanged)
Additional
Records
D-8.0303 (c) Upon notification by the stated
Filing of
clerk of the higher governing body
Record on of jurisdiction, aligned with the same
Appeal Primary Synod (Auburn or
Westminster),
as the complainant
and respondent, that the case has
been accepted, the stated clerk of
the lower governing body shall certify
and file the record of the case, which
may include authenticated copies of
parts
of the record, and shall include
any written challenges disputing
the completeness or accuracy of
the
record, with the stated clerk of the
higher governing body.
D-8.0303 (d) If anything material to either
Correction party is omitted from the record
of the
by error or accident, or is misstated
Record therein,
the omission or misstatement
may
be corrected. The parties may
stipulate to the correction, or the
session or Permanent Judicial
Commission of the lower governing
body may certify and transmit a
supplemental record, or the
Permanent Judicial Commission
of the higher governing body aligned
with
the same Primary Synod (Auburn
or Westminster) as the complainant
and respondent, may direct that the
omission or misstatement be
corrected. All other questions
as to the form and content
of
the record shall be presented
to the Permanent Judicial
Commission of the higher
governing
body.
D-8.0303 e. The stated clerk of the higher
Notice of
governing body aligned with the
Date of same Primary
Synod (Westminster
Reception or Auburn) as the complainant
and
respondent, shall notify
the
parties of the date the
record
on appeal was received.
D-8.0303 f. (Unchanged)
Copy
Furnished
at cost
D-8.0303 g. (Unchanged)
Extension
D-8.0304 Within thirty days after the date of the
Filing of
filing of the record on appeal, the
Appellant's appellant shall file with the stated
Brief
clerk of the higher body, aligned with
the
same Primary Synod as the
complainant and responsdent
(Auburn or Westminster), a written
brief containing specifications of
the errors alleged in the notice
of appeal and arguments,
reasons, and citations of
authorities in support of the
appellant's contentions as to
the
alleged errors specified.
Copy to a. The brief shall be accompanied
Other by a certification that a copy
Party has been furnished to the
other party or parties.
Extension b. For good cause shown,
the stated clerk of
the
higher governing body
may extend this time
limit for a reasonable
period.
Failure to c. Failure of appellant
File to
file a brief within
Brief the time
allowed, without
good cause, shall be
deemed by the Permanent
Judicial Commission
an abandonment of
the
appeal.
D-8.0305 Within thirty days after
Filing of the
filing of appellant's
Appellee's brief, the appellee shall
Brief
file with the stated clerk of
the higher governing body,
aligned with the same
Primary
Synod as the
complainant and
respondent (Westminster
or Auburn), a written
brief responding thereto.
Copy to a. The brief
shall be
Other accompanied
by a
Party certification
that a
copy
has been furnished
to the other party or
parties.
Extension b. For good cause shown,
the stated clerk of the
higher governing body
may extend this time limit
for a reasonable period.
Failure to c. Failure of appellee
to file
File Brief a brief within the time allowed,
without good cause, shall
constitute waiver of the
rights to file a brief, to appear,
and
to be heard.
D-8.0306 Upon receipt of the record
and the
Transmittal briefs, or upon expiration of the
of Records
time for filing them, the stated
and Briefs clerk of the higer governing body,
aligned
with the same Primary
Synod as the complainant
and respondent, shall transmit
the
record and briefs to the
clerk of the Permanent Judicial
Commission aligned with the
same Primary Synod as the
complainant and the respondent
(Auburn or Westminster).
D-8.0307 (Unchanged)
Prehearing
Conference
D-8.0401 (Unchanged)
Notice of
Hearing
D-8.0402 (Unchanged)
Failure to
Appeal
D-8.0403 (Unchanged)
Hearing
D-8.0403 (Unchanged)
New Evidence
D-8.0403
(Unchanged)
Hearing
D-8.0404 (Unchanged)
Decision
of
Permanent
Judicial
Commission
D-8.0404(a) a. (Unchanged)
If No Errors
Are Found
D-8.0404(b) b. (Unchanged)
If Errors
Are
Found
D-8.0404(c) c. (Unchanged)
Written
Decision
D-8.0404(d) d.
(Unchanged)
Determination
of Each Error
D-8.0404(e) e. Within thirty days of the
Filed conclusion of the hearing, the
Promptly decision shall be filed with the
stated clerk of the governing
body,
aligned with the same Primary
Synod (Auburn or Westminster)
as the original complainant and
respondent, e.g.
the same
governing body that appointed the
Permanent
Judicial Commission.
D-8.0404(f) f. (Unchanged)
D-9.0101 A
member of the Presbyterian Church
Request for (U.S.A.) who feels injured by rumors
Vindication
or gossip may request an inquiry for
vindication by submitting to the clerk
of session or stated clerk of the
Presbytery,
aligned with the same
Primary Synod (Westminster or
Auburn),
as the injured party,
a clear narrative and statement
of alleged facts.
D-9.0101(a) a. If a governing body, aligned with
Review by the
same Primary Synod (Auburn or
Governing Westminster) as the injured party,
Body through
its appropriate committee,
finds it proper to grant the request,
it shall proceed with an investigating
committee.
D-9.0101(b) (Unchanged)
Investigating
Committee
D-9.0102 (Unchanged)
Concludes
Matters Unless
Charges
Filed
D-10.0101 Procedure
preliminary to a
Initiation of disciplinary case is initiated
Preliminary by
submitting to the clerk of
Procedures session or the stated clerk of
the Presbytery, aligned with the
same Primary Synod (Auburn
or Westminster) as the accused
and the accuser, that has jurisdiction
over the member, a written statement
of an alleged offense, together
with any supporting information.
The statement shall give a clear
narrative
and allege facts that,
if proven true, would likely
result in disciplinary action.
Such allegations shall be
referred to an investigating
committee.
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